TALBE RAM Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant petition is maintained by the petitioner under Section 439 of the Code of Criminal Procedure for grant of bail in case bearing FIR No. 23/2019, dated 01.02.2019, under Section 20 of the ND & PS Act, registered in Police Station Bhuntar, District Kullu, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is permanent resident of district Mandi and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Tersely the facts of the case are that on 31.01.2019, police party was present at temporary Check Post Bajaura, around 10:30 P.M., a bus bearing No. DL-IP-C-4550 came from Bhuntar side, which was signaled to be stopped. When the police entered the bus and started checking the luggage of the passengers, the present bail petitioner and co-accused, who were sitting on seat numbers 1 and 2, got perplexed. The accused persons tried to hid something under their legs. On suspicion, the police officials checked the briefcase kept by the accused persons under their legs. On opening of the said briefcase, five packets, wrapped with plastic were found. When the said packets were opened and checked, charas in the shape of chapattis was found. On weighment, the contraband was found to be 2 Kgs and 225 grams. Thereafter, all the codal formalities were conducted. Consequently, FIR No. 23/2019, dated 01.02.2019, under Section 20 of the ND & PS Act, came to be registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the contraband recovered from the petitioner is 2 Kgs and 225 grams and in case the petitioner, at this stage, is enlarged on bail, there is every possibility that he may flee from justice or tamper with the prosecution evidence.